These days, thanks to shows like CSI, Dexter, and NCIS, everyone is familiar with forensic science, but while the existence of blood splatter and DNA analysis is common knowledge, there are plenty of other fields of forensic study that most people are totally unaware of. These experts might not be called in to handle a […]
California Penal Code Section 118 (PC): Perjury Charges in Vista
When you swear to tell the truth, you are not only ethically held to tell the truth; you are legally obliged to do so. If you are caught lying under oath in Vista, California, you can be charged with knowingly providing false testimony while under oath, better known as perjury, a crime under California Penal […]
Can You be Charged With Attempted Murder if the “Victim” was Already Dead?
Murder is the taking of another person’s life, so naturally, attempted murder is the attempt to take someone’s life. So would it be murder if someone attempts to take the life of someone who it turns out has already died? It’s an interesting legal question that has appeared not only in law schools and detective […]
Will Using a Private Browser Online Keep You Out of Legal Trouble?
While most people are online every day, few understand the technology necessary to enable our phones and computers to access the internet. To be fair, you don’t normally need to know how a piece of technology works to reap its benefits. However, if you search with a private browser because you’re hoping to keep your […]
Prosecutorial Misconduct in Vista, California: Examples and Remedies
Most people are familiar with misconduct, including illegal search and seizure, use of excessive force, or forced confessions. But while law enforcement officials are critical in arresting and investigating alleged criminals, it’s the prosecutors who actually choose to file charges, present evidence, and strive to ensure the defendant’s conviction. Unfortunately, just like police, prosecutors sometimes act in a […]
Is Lying to the Police a Felony in California?
You can’t be charged with obstruction of justice if you refuse to speak with the police, no matter how many police procedurals say otherwise. But while you have the right to remain silent (as long as you do it right by properly invoking your Fifth Amendment rights) and to have a lawyer present when you […]
What Pretrial Motions Are Criminal Attorneys Most Likely to Use in Vista?
After charges have been filed in a criminal case, after the preliminary hearing in a felony case, and before a trial, a prosecutor or defense lawyer can make court filings called “pretrial motions” to ask a judge to make a particular decision regarding a case before the trial begins. These motions can affect the trial […]
Is an IP Address Enough to Convict Someone of a Crime?
As the internet has become a standard part of our lives, judges have tried to figure out how our existing laws and precedents apply in the digital age. The courts must balance law enforcement’s need to investigate crimes with the Constitution’s protections against unreasonable search and seizure. Similarly, they must balance the government’s interest in […]
How Lawyer May be Able to Get a Confession Thrown Out of Court in Vista
We’ve previously talked about how police push suspects into confessing to criminal acts, but while it’s always better not to confess the first time, you can still fight the charges even if you have already admitted guilt. Here are a few ways a criminal defense lawyer may be able to have a confession tossed out […]
What is Hearsay in Vista Under California Evidence Code 1200 (EC)
Pretty much any show or movie with a courtroom trial scene features the TV Trope of a lawyer objecting to something because it’s hearsay. But what is hearsay, exactly, and why can’t it be used in courts in Vista? Lawyer Peter M. Liss explains California Evidence Code section 1200 (EC), including the exceptions that allow […]
